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KOSSAR v. STATE OF NEW YORK

13 Misc.2d 941 (1958)

Steven Kossar, an Infant, by Morris Kossar, His Guardian ad Litem, et al., Claimants, v. State of New York, Defendant. (Claim No. 33044.)

Court of Claims.

September 4, 1958.

Attorney(s) appearing for the Case

Gilinsky, Schur & Mishkin (David Marcus of counsel), for claimants.

Louis J. Lefkowitz, Attorney-General (Robert Schwartz of counsel), for defendant.

SIDNEY SQUIRE, J.

On this motion of claimants for an examination before trial of the adverse party, the following factual situation is of import: Steven Kossar, infant claimant herein, is now 14 years old. Heretofore he was hospitalized at Willowbrook State School maintained by the State of New York for the care of mental defectives. The claimant herein pleads that while a patient thereat an open safety pin became lodged in his throat, causing damages...

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